Utthiran v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13487 of 2022 UTTHIRAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POONAMALLEE CHENNAI CRIME NO.1 OF 2022.

For Petitioner : M/S.A.M.RAHAMATH ALI Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 354, 354A, 324 of IPC and Section 4 of TN Prohibition of Women Harassment Act, 2002, in Crime No.1 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was working as a Maid in the house of the petitioner and looking after the mother of the petitioner who is sick and bedridden and also taking care of his household work. Due to personal work, the defacto complainant was absent for work, due to which, the petitioner got angry on the defacto complainant and violently assaulted her and removed her clothes and attempted to molest her as a result of which, the victim got injured. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submits that the petitioner has assaulted the victim violently. He also produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement recorded under Section 164 Cr.P.C revealed that the victim was working under the petitioner's house as a House Maid and she was looking after the petitioner's mother. On the date of occurrence, when the petitioner attacked his mother, it was questioned by the victim, due to which, the petitioner misbehaved with the victim and also attempted to commit sexual assault on her. Therefore, she sustained injury on her private parts and she had undergone surgery. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the custodial interrogation of the petitioner is very much necessary in this case. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POONAMALLEE CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.M.RAHAMATH ALI Advocate on payment of necessary charges CRL OP.13487/2022 Date :13/06/2022 JPA 20/06/2022 https://hcservices.ecourts.gov.in/hcservices/